Consultation to re-introduce Employment Tribunal Fees

Georgia Veitch
Georgia Veitch
Trainee Solicitor
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On 29th January 2024, the Government published a consultation paper proposing the reintroduction of fees at the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT).

The current proposal is to introduce a £55 issue fee that is payable by the claimant upon bringing a claim to the ET and EAT. Where claims are brought by multiple claimants, this fee is to remain the same and the cost of the fee is to be divided amongst the involved claimants, as agreed.

A limited exemption will apply to any proceedings where individuals are required to bring proceedings before an ET to establish their right to payment from the National Insurance Fund.

Where a claimant cannot afford to pay the issue fee, it is proposed that they will be supported by the Government’s fee remission scheme, Help with Fees, which has recently been revised to include more generous provisions regarding the income thresholds that an applicant is required to meet to be supported by the scheme.

The consultation paper details that the proposal has been made to ensure that users are paying towards the running costs of tribunals and will ensure ‘cross-jurisdictional consistency’ by putting ETs on the same footing as other courts and tribunals which currently impose fees. The Government makes reference in the paper to the previous Supreme Court ruling which held that the previous much higher fees for employment tribunals were unlawful and makes assurances that any new fees imposed will be proportionate and affordable in line with this judgment.

The Government’s proposal of a new fee scheme is estimated to generate approximately £1.3-£1.7m a year from 2025/26 onwards.

Should you wish to read the Government’s consultation paper, you can access it here.

If you would like to discuss the implications of the proposal, or if we can provide support or assistance on any other employment law matters, please do not hesitate to contact a member of the team on 0141 331 5150.

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